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HomeMy WebLinkAboutReso 1985-12302 RESOLUTION NO. 12302 {~OF?Ot~'LRcCOR~', '~ J^N -7 52 RESOLUTION OF THE CITY COUNCIL O~ THE CITY OF , C~DSA VISTA A~ROVING MAP OF CHULA VISTA ~RAC~ V£R~ L. LYLE I 84-9, EASTLAKE I UNIT 1, A C P T~m nu mm~r~ COUNTYRECORDER _ C_E_T ......... ~. _ OF THE PUBLIC THE PUBLIC STREETS DEDICATED ON NOFEE SAID MAP, DEDICATING OPEN SPACE LOTS SHOWN ON SAID MAP, AND ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE EASEMENTS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION AND OFFSITE, AND APPROVING SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION AND APPROVING SUPPLEMENTAL IMPROVEMENT AGREEMENT FOR NON MAP ACT REQUIREMENTS PRIOR TO APPROVAL OF IMPROVEMENT PLANS, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby finds that that certain map survey entitled CHULA VISTA TRACT 84-9, EASTLAKE I UNIT 1, and more particularly described as follows: Being a subdivision of portions of Sections 34 and 27, and Fractional Sections 33 and 28, Township 17 South, Range 1 West, San Bernardino Base and Meridian, in the City of Chula Vista, County of San Diego, State of California, according to the United States Government Survey approved October 25, 1883 and further delineated on Sheet 4-11 Area: 66.373 acres No. of Lots: 13 is made in the manner and form prescribed by law and conforms to the surrounding surveys; and that said map and subdivision of land shown thereon is hereby approved and accepted. BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the public the public streets, to-wit: A portion of Rutgers Avenue, EastLake Drive, Hillside Drive, LakeShore Drive and said streets are hereby declared to be public streets and dedicated to the public use. BE IT FURTHER RESOLVED that Lots 4 and 5 are hereby dedicated for Open Space, park and other public uses. BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the City of Chula Vista the easements with the right of ingress and egress for the construction of sewer and drainage facilities and for pedestrians, open space access and public utilities, all as granted and shown on said map within said subdivision, subject to the conditions set forth thereon. BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista be, and she is hereby authorized and directed to endorse upon said map the action of said Council; that said Council has approved said subdivision map, and that said public streets are accepted on behalf of the public as heretofore stated and that said lots are dedicated for Open Space, park and other public uses, and that those certain easements with the right of ingress and egress for the construction and maintenance of sewer and drainage facilities and for pedestrians, open space, access, and public utilities as granted thereon and shown on said map within said subdivision and offsite are accepted on behalf of the City of Chula Vista as hereinabove stated. BE IT FURTHER RESOLVED that Subdivider shall provide evidence to the City Engineer that the school districts serving this project will not be adversely impacted prior to transmittal of the Final Map to be recorded. BE IT FURTHER RESOLVED that the city Clerk be, and she is hereby directed to transmit said map to the Clerk of the Board of Supervisors of the County of San Diego. BE IT FURTHER RESOLVED that Subdivider shall provide the bonds specified by the Subdivision Improvement Agreement prior to execution of the Agreement and transmittal of the Final Map for recordation. BE IT FURTHER RESOLVED that that certain Subdivision Improvement Agreement dated the 17th day of December, 1985, for the completion of improvements in said subdivision, a copy of which is attached hereto and by reference made a part hereof, the same as though fully set forth herein be, and the same is hereby approved. BE IT FURTHER RESOLVED that that certain Supplemental Subdivision Agreement dated the 17th day of December, 1985, providing for approval of the Final Map for EastLake I Unit 1 prior to approval of improvement plans, a copy of which is attached hereto and by reference made a part hereof, the same as though fully set forth herein be, and the same is hereby approved. -2- I17 BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said agreements for and on behalf of the City of Chula Vista. Presented by Approved as to form by ~ohn P. Llppi~t/, Director of C~rles R. Gill, Assistant ~/~ublic Works/City Engineer City Attorney 1077a ADOPTED AND APPROVED BY THE CITY COUNCIL OF' THE CITY OF SHULA VISTA, CALIFORNIA, this. 17th day of_ December 9 85 , by the following vote, to-wit: AYES: Councilmembers Malcolm, Moore, Scott, McCandliss, Cox NAYES: Councilmembers None ABSTAIN: Counci]members None ABSENT: Councilmembers None 6 City of Chula Vista ATTEST. · Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, California, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 12302 ,and that the same has not been amended or repealed. DATED (seal) City Clerk : · IZO S~DI'~-XSXON TMP~OV~ENT AGRE~ THIS AGRE~ENT, made and entered into this 17th day of December , 19 85 , by and between THE CITY OF CHULA VISTA, a municipal corpor~on, hereinafter called "City", and EASTLAKE DEVELOPMENT COMPANY, 701 "B" Street, Suite 730, San Diego, Ca. 92101 hereinafter called "Subdivider"; W ITNES SETH : WHEREAS, Subdivider is about to present to the City Council of the City of Chula Vista for approval and recordation, a final subdivision map of a proposed subdivision, to be known as EASTLAKE I UNIT 1 pursuant to the provision of the Subdivision Map Act of the State of California, and in compliance with the provisions of Title 18 of the Chula Vista Municipal Code relating to the filing, approval and recordation of subdivision maps, and WHEREAS, the Code provides that before said map is finally approved by the Council of the City of Chula Vista, Subdivider must have either installed and completed all of the public improvements and/or land development work required by the Code to be installed in subdivisions before final maps of subdivisions are approved by the Council for purpose of recording in the Office of the County Recorder of San Diego County, or, as an alternative thereof, Subdivider shall enter into an agreement with City, secured by an approved improvement security to insure the performance of said work pursuant to the requirements of Title 18 of the Chula Vista Municipal Code, agreeing to install and complete, free of liens at Subdivider's own expense, all of the public improvements and/or land development work required in said subdivision within a definite period of time prescribed by said Council, and WHEREAS, Subdivider is willing, in consideration of the approval and recordation of said map by the Council, to enter into this agreement wherein it is provided that Subdivider will install and complete, at Subdivider's own expense, all the public improve- ment required by City in connection with the proposed subdivision and will deliver to City improvement securities as approved by the City Attorney, and WHEREAS, a tentative map of said subdivision has heretofore been approved, subject to certain requirements and conditions, as contained in Resolution No. 11935, approved on the 19th day of February , 1985 , and Form No. CAu410 Revised 12/82 WHEREAS, complete plans and specifications for the construction, installation and completion of said public improve- ment work have been prepared, submitted to and approved by the City Engineer as shown on Drawings NO.85-265H through 85-283 on file in the Office of the City Engineer, and WHEREAS, an estimate of the cost of constructing said public improvements according to said plans and specifications has been submitted and approved by the City, in the amount of THREE MILLION, ONE HUNDRED NINE THOUSAND, EIGHT HUNDRED DOLLARS AND NO CENTS ($3,109,800.00). NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: 1. Subdivider agrees to comply with all of the require- ments of the tentative map resolution; to do and perform or cause to be done and performed, at its own expense, without cost to the City, in a good and workmanlike manner, under the direction and to the satisfaction and approval of the City Engineer, all of the public improvements and/or land development work required to be done in and adjoining said subdivision; and will furnish the necessary materials therefor, all in strict conformity and in accordance with the plans and speCifications, which documents have heretofore been filed in the Office of the City Engineer and by this reference are incorporated herein and made a part hereof. 2. It is expressly understood and agreed that all monuments have been or will be installed within thirty (30) days after the completion and acceptance of the required improvements, and that Subdivider has installed or will install temporary street name signs if permanent street name signs have not been installed. 3. It is expressly understood and agreed that Subdi- vider will cause all necessary materials to be furnished and all improvements required under the provisions of this contract to be done on or before the third anniversary date of the recordation of the map of said subdivision. 4. It is expressly understood and agreed that Subdi- vider will perform said improvement work as set forth hereinabove or that portion of said improvement work serving any buildings or structures ready for occupancy in said subdivision prior to the issuance of any certificate of clearance for utility connections for said buildings or structures in said subdivision, and such certificate shall not be issued until the City Engineer has certi- fied in writing the completion of said public improvements or the portion thereof serving said building or structures approved by the City; provided, however, that the improvement security shall not be required to cover the provisions of this paragraph. -2- 5. It is expressly understood and agreed to by Subdi- vider that, in the performance of said work, Subdivider will conform to and abide by all of the provisions of the ordinances of the City of Chula Vista, and the laws of the State of California applicable to said work. 6. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security in the sum of T~0MIL¥,ICN, THREE HL~DREDTHIi~IY~OTHOUSAND, THREE HUNDi~D FIFTY DOLLA[~ ($2,332,350) which security shall guarantee the faithful performance of this contract by Subdivider and is attached hereto, marked Exhibit "A" and made a part hereof. 7. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security in the sum of ~WO MILLION, THREE HtAIDRED THIRI~Z 5%{0 THOUSAND, TH~ HUNDi{ED FIFI~Z DOLLARS ($2,332.350) to secure the payment of material and labor in connection with the installation of said public improvements, which security is attached hereto, marked Exhibit "B" and made a part hereof. 8. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security in the sum of FIFTY FIVE THOUSAND DOLLARS ($55,000) (per private engineer's estimate) to secure the installation of monuments, which security is attached hereto, marked Exhibit "C" and made a part hereof. 9. It is further agreed that if the public improvements are not completed within the time agreed herein, the sums provided by said improvement securities may be used by City for the comple- tion of the public improvements within said subdivision in accordance with the specifications contained herein. Upon certi- fication of completion by the City Engineer and acceptance of said work by City, and after certification by the Director of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required for payment thereof, may be released to Subdivider or its successors in interest, pursuant to the terms of the improvement security. 10. It is also expressly agreed and understood by the parties hereto that in no case will the City of Chula Vista, or any department, board or officer thereof, be liable for any portion of the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be liable for the payment of any sum or sums for said work or any materials furnished therefor, except to the limits established by the approved improvement security in accordance with the requirements of the State Subdivision Map Act and the provisions of Title 18 of the Chula Vista Municipal Code. -3- 11. It is further ~understood and agreed by Subdivider that any engineering costs (including plan checking, inspection, materials furnished and other incidental expenses) incurred by City in connection with the approval of the improvement plans and installation of public improvements hereinabove provided for, and the cost of street signs and street trees as required by City and approved by the City Engineer shall be paid by Subdivider, and that Subdivider shall have deposited with City a sum of money sufficient to cover said cost. 12. It is understood and agreed that until such time as all improvements are fully completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and any damage to, the streets, alley, easements, water and sewer lines within the proposed subdivision. It is further understood and agreed that Subdivider shall guarantee all public improvements for a period of one year from date of final acceptance and correct any and all defects or deficiencies arising during said period as a result of the acts or omissions of Subdivider, its agents or employees in the performance of this agreement, and that upon acceptance of the work by City, Subdivider shall grant to City, by appropriate conveyance, the improvements constructed pursuant to this agreement; provided, however, that said acceptance shall not constitute a waiver of defects by City as set forth hereinabove. 13. It is understood and agreed that City, as indemnitee, or any officer or employee thereof, shall not be liable for any injury to person or property occasioned by reason of the acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement. Subdivider further agrees to protect and hold harmless City, its officers and employees, from any and all claims, demands, causes of action, liability or loss of any sort, because of or aris' ~r_omi~ions of Subdivider, its a~ent ....... lng out of acts lnuemnltee tel . = ~ ~ ~m~oyees, or ....... , ated to this agreement; Drovide~ ~£uvea improvement security -~, -~- ~, ~-~¥~r, chat the .... ~ ~ not De required to cover the provisions of this paragraph. Said indemnification and agreement to hold harmless shall extend to damages or taking of property ~esulting from the construction of said subdivision and the public improvements as provided herein, to adjacent property owners as a consequence of the dive?sion of waters in the construction and maintenance of drainage systems and shall not constitute the assumption by City of any responsibility for such damage or taking, nor shall City, by said approval, be an insurer or Surety ~or the construction of the subdivision pursuant to said approved improvement plans. The provisions of this paragraph shall bec~me effective upon the execution of this agreement and shall remain in full force and effect for ten (10) years following the acceptance by the City of the improvements. -4- IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA SUBDIVIDER: EASTLAKE DEVELOPMENT ATTES ~w~/ Ov ? ~ ~/ City C~erk '-- ~ ' Approved as to form by Attorney (Attach Notary Acknowledgment) -5- STATE OF CALIFORNIA ) )S.S. COUNTY OF SAN DIEGO ] ON THIS 17thDAY OF December , 1985 , BEFORE ME, THE UN-0-'~-~RSlGNEI)~ A NOTARY PUBLI-~-J'N AND FOR SAID COUNTY AND STATE, PERSONALLY APPEARED Robert Santos KNOWN TO ME (OR PROVED TO ~SIS ~ORY EVIDENCE) TO BE THE Sr. Vice President OF EastLake Development Company A PARTNERSHIP. THE PARTNERSHIP THAT EXECUTED THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT SUCH PARTNERSHIP EXECUTED THE SAME, PURSUANT TO ITS BY-LAWS. IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED MY NOTARIAL SEAL, THE DAY AND YEAR IN THIS CERTIFICATE FIRST ABOVE WRITTEN.  COUNTY AND STATE ~~'Js, 1~881 MMISS EXPIRES LIST OF EXHIBITS Exhibit "A" Improvement Security - Faithful Performance: Form: Bond Amount: $2,332,350 Exhibit "B" Improvement Security - Material and Labor: Form: Bond Amount: $2,332,350 Exhibit "C" Improvement Security - Monuments: Form: Bond Amount: $55,000 Securities approved as to form and amount by City Attorney Improvement Completion Date: Three (3) years from date of Council approval of the Subdivision Improvement Agreement ~ ~28 Bond No: 918364S Premium: ,2]_0. BOND FOR FAITHFUL PERFORMANCE WHEREAS, The City Council of the City of Chula Vista, State of california, and EastLake Development Company (~reinafter designated as "principal") have entered into an ~greement whereby principal 1 and complete certain designated public agrees to instal ..... ~ ~-~Z~_~ /~ improvements, w~ich said agreemens, 19- ~--, and i entified as project EastL~ke l- Hills and ~ores ___~____, is here~y ~ d r~red to and made a part hereof, an WHEP. EAS, Said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. NOW, THEREFORE, we, the principal and , as surety, ar~ Developers Insurance Company held and firmly bound unto the City of Chula V{s~a, hereinafter called "City", in the penal sum of One million five hundred fifty thousand five hundred dollars ($ 1,552~500 ) lawful money of the United States~'fOr the payment of which s~m well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presentS. The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, adminis- trators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any altera- tion thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Chula Vista, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the Obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and in- cluded in any jhdgment rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the .. agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the speci- fications. In addition to the acts bonded for pursuant to the agreement incorporated above, the following acts and performances are additionally subject to the terms of this agreement: In witness whereof, this instrument has been duly executed by the principal and surety above named, on December 16 , 19 85 DANIEL V, INC. ~q~ Wilshime~ Anah~im~ Ca q280l Suretv /~es~den~ Cbn=Zac David C. Banfer,Atto~hey-in-Fac5 APPRO%FED AS TO FORM: ~/ City Attorney PW-E-34 130 STATE OF CALIFORNI,~r anqre~J )ss. COUNTY OF De embe 1 6 1 9 8 5 On C r , , before me, the undersigned, a Notary Public in and for said State, personally appeared ~Rniel ~. Lane and ., personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as i t Daniel V, [nc President and_ Secretary, on behalf of_ ' the corporation therein named,and acknowledged to me that said corporation executed the within instrument pursuant to its by- laws or a resolution of its board of directors, said corporation being known to me to be one of the partners of~ Development Company the partnership that executed the within instrument, and ack- nowledged to me that such corooration executed the same as such partner and that such partnership executed the same. WITNESS my~.~hand and official seal.~~7'~ Signature _ _ (This area for official notarial seal) Mary E. ~la~kard STATE OF CALIFORNIA } SS. COUNTY OF ~R'~N~' On ~..?~ ~ ~ ~ beforeme, the undersigned, aNomryPublicina~f°r~idState~ DAVID C. ~ANFER person~y kno~ to me (or proved to me on the basis of satisfactory ~ .~ ~FICIAL SEAL_ .... d, and ac~now[edged to me that the corporat,on executed it. ~ ~ VIRGINIA M. LO~AN ~ ~~~IC-CALIFORNIA WITNESS my hand ~d offici~ seal. ~ ~~ANG~O~NT~ DIC 3O4 (~EV. 2185) Bond No: 918364S ~ 1 3 1 Premium: incl in performance HIBIT BOND FOR MATERIA~ AND LABOR ~ WHEREAS, the City Council of the City of Chula Vista, State of California, and EastLake Development Company (hereinafter designated as "Principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated ~~g_~ /~ 19 ~-~, and identified as project EastLake i - Hills and Shores , is hereby referred to and made a part hereof; and WHEREAS, Under the terms of said agreement, principal is required before entering upon the performance'of the work, to file a good and sufficient payment bond with the City of Chula Vista to secure the claims, to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. NOW, THEP~EFORE, said principal and the undersigned as corporate surety, are held firmly bound unto the City of Chula Vista and all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum of One million five hundred fifty two thousand five hundred dollars ($ 1~552~500 ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City of Chula Vista in successfully enforcing such obligation, to be awarded and fixed by the court, and to be. taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The surety-hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration or addition. In witness whereof, this instrument has been duly executed by the principal and surety above named, on December 16 19 ~5 EastLake Development Company Developers Insurance Com~an.y DANIEL V, ~NC. ~ Wilshire. Anaheim. Ca 92801 /~e~sident' 'Con~ractor Surety David C. Banfer,Attorney-in-fact AJPPROVED AS TO FORM: City Attorney PW-E-34 CORPORATION D~O . 133 STATE OF CALIFORNIA OE · On [}~.~ ~ ~ ~,~a~'~''*--'" beforeme, the undersigned, a Notary Public in and for said State, DAVID C. BANFER personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as Attorney- in-Fact on behalf of Developers Insurance Company, the corporation therein named, and acknowledged to me that the corporation executed it. ~ OFF)CIALSEAL - WITNESS my hand and official seal. DIG 304 (KliV. 2/85) Thi~ area for {~cial Notarial Seal STATE OF CALIFORNIA- }ss. COUNTY OF ur anqe ~ On December 16, 1985 ~ , before me, the undersigned, a Notary Public in and for c said Slate, personally appeared l")&lq~_~'L D. Lane and a. ~ personally known to me (or proved to me on the basis ~ its ~ o of satisfactory evidence) to be the persons who executed the within instrument as =o Daniel V, Inc. ~ _~ President and Secretary, on behalf o[ c ~) the corporation therein named, and acknowledged to me that said .9 '~- corporation executed the within instrument pursuant to its by- ~ laws or a resolution of Rs board of dkectors, said corporation being ~ OF?ICIAL SEAL ~)~ known to me to be one of the partners of~ ,~z~-'~J~,~ MAgY E BLACKARD J~ ~ ~.' NOTARY PUBLIC* CAL'FORNIA ~ Development Company ~ the pa~ne~ship that executed the within instrument, and ack- nowledged to me that such corporation executed the same as , . such partner and that such partnership executed the same. WITNESS m and and official seal. Signature (This area for official notarial seal) Mary E.~lackard ., POWER OF ATTORNEJg 134 N? 012414 DEVELO[ ARS INSURANCE COMPANY P.O. Box 3343, Anaheim, Calif.. 92803 EXPIRATION DATE: December 31, 1986 KNOW ALL MEN BY THESE PRESENTS: That DEVELOPERS INSURANCE COMPANY, A corporation, duly' organized and existing under the laws of the State of Califuruia, and having its Home Oft]ce in the C y o Anaheim, Californ a. does hercb) make, constitute and appoint David C. Banfer its true and lawful Attorney(s)-in-Facfi to make, execute, seal and deliver for and on its behalf as surety, any and all bonds or undertakings in an amount not exceeding $ LS00,000 in any single undertaking in accordance with its charter and to bind the corporation thereby as fully and to the same extent as if such bonds were signed by' the President, sealed with the corporate seal of the corporation and duly attested by its Secretary, hereby ratifying and confirming the acts of Attorney(s)=in-Fact may do to these presents This power of Attorney' does not cover the following: Bank depositor), bonds, mortgage deflcicncv bonds, mor gage guarantee bonds, guarantees of installment paper, note guarantee bonds, bonds on financial institutions, lease bonds, insurance company qualifying bonds, warehouse bonds, self-insurer's bonds fidelity bonds, bail bonds, wage law bonds, and fiduciary bunds. This power of attorney is granted pursuant to Article IV, Section I I and 12 o1 By-laws of DEVELOPERS INSURANCE COMPANY adopted on the thirtieth day of March, 1979, and now in fufi force and effecL Article IV. Appointment and Authority' of Resident Assistant Secretaries. and Attorney-in-Fact and agents to accept Legal Process and Make Appearances. Section II. The Chairman of the Board, the President, any Vice President. an)' Secretary or any Treasurer ma) appo n a orneys-in-fact or agents wdh power and authority, as defined or limited to their respecfive power of attorney, for and on beha f of the corporation to execute and (]diver, and affix the seal of the corporation thereto, bonds, undertakings, recognizances, consents of surer? or other ,~rdten obligations in the nature thereof and any of said officers may remove such attorney-in~fact or agent and revoke the power and authority given to him. Section 12. Any bond undertak rig, recognizance consent of surety or wrinen obligation in the nature thereof shall be valid and binding upon the corporation when signed by the Chairman of thc Board. he President, day Vice President or any' Treasurer and dui',,, attested and sealed, if a seal is required, by' any Secretary' or when signed by the Chairman of the Board, the President any Vice President or any' Treasurer and countersigned and sealed, if a sea[ is required, by a duly authorized attorney-in-fact or agent and any such bond under ak ng, recogni,~ance, consent of surety' or written obligation in the nature thereof shall be valid and binding upon the corporation when duly executed and sealed, if a seal is required by one or more attorneys-in- ac or agents pursuant to and within the limits of the authority granted by his or their powers of attorney'. This power of attorney :s signed and sealed under and by authority of the following Resolution adopted by the Board of Directors of DEVELOPERS INSURANCE COMPANY at a meeting duly called and held on the h rd day' of August, 1982, and that said Resolufion has not been amended or repealed: "RESOLVED~ that the signature of any Vice-President or Assistant Secretary of this corporation, may be anixed or printed on any power of attorney, on any revocation of any power of attorney, or certificate bearing such facsimile signature but shall not be valid and binding upon the corporation unless the seal of the corporation is affixed on such power of attorney, revocation of any' power of attorney, or certilicate bearing a facsimile signature.~ NOTICE: I. This Power void unless corporate seal perforates power next to signatures. 2. This Power void if altered or erased. 3. Power of attorney should not be returned to Attorney-in-Fact, but should remain a permanent part of the obligee's records. 4. This Power is void unless the seal is readable, text is in brown ink, signatures are in blue ink and notlee is in red ink, IN WITNESS WHEREOF, DEVELOPERS INSURANCE COMPANY has caused these presents to be signed by its Secretary, and its corporate seal to be hereunto affixed this fifth da), of December, 19Sd. DEVELOPERS INSURANCE COMPANY COUNTY OF LOS ANGELES ss. aul E. Griffin. Jr.. Secretar~/~ On this fifth day of Decemfier. 1984. before me personally came Paul E. Griffin. Jr, to me known who being by' me duly' sworn, did depose and say: that he is Secrelary of DEVELOPERS INSURANCE COMPANY. the corporation described in and which executed the above instrument; that he knows the seal ol said corporation; that the seal affixed to the said instrument is such corporate seal: that it was so affixed by order of the Board of Directors of said corporation and that he signed fiis name thereto by like order. I~ ~ARY ROSEN Signed and sealed at Anaheim, California, this ] ~ '~. }3 day of D e C em b e r ' Thomas H Ty~ell. Jr., ExeCutiVe Prestdent ~ - © DEVELOPERS INSURANCE COMPANY, 1985 WARNING! This is a copyrighted document. Any unauthorized rcproducfion is prohibited. All Rights Reserved. FORM PI001 10/8~ ' ~ ~3~ Bond No: 918365S 220.00 EXHIBIT SURVEY MONUMENT INSTALLATION BOND ~ KNOW ALL MEN BY THESE PRESENTS, That I/~e EastLake Development Company as the subdivider and Principal, and the. Developers Insurance Company a Corporation of the State of Cali£ornia , as Surety, are held and firmly bound unto the City of Chula Vista, a municipal corporation, in the County of San Diego, State of California, and to and for the benefit of any and all persons who may suffer damage by reason of the breach of the con- ditions hereof, in the penal sum of Fifty five Thousand Dollars ($ 55,000 ) lawful money of the"United States of America, to be paid to th~ said City of Chula Vista. WHEREAS, the said Principal is presently engaged in subdividing certain lands to be known as EastLake 1 - Hills and Shoressubdivision in the City of Chula Vista, in accordance with the Contract for Completion of Improvements authorized by Resolution , and ~ WHEREAS, the said Principal desires not to set durable monuments ~rior to the recordation of the final map of the subdivision and desires to get same at a later date, NOW, THEREFORE, the condition of the above obligation is that if the Principal shall have set durable monuments of the survey by Van Dell and (name of . Associates , as per the final map of said subdivision, a copy of Engineer) which is on file with the City Engineer of the City of Chula Vista, refer- ence to which said map is hereby made and same is incorporated herein as though here set forth in full, and according to the ordinances of the City of Chula Vista in force and effect at the time of giving of this bond, on or before the expiration of thirty (30) consecutive days following completion and acceptance of public improvements within said subdivision, then the obligation shall be void, otherwise to remain in full force and effect. IN WITNESS WHEREOF, the said Principal and Surety have hereunto set their hands, this 16th day of December , 19 85 . Easthake Development Company p~eSiden't' ' [~rin~ipal) APPROVED AS TO FORM: Developers Insurance Company ~~./~ P ' (Surety) City Attorney David C. Banfer PW-E-34 STATE OF CALIFORNI,~)r andre COUNTY OF On December '] 6 r ~L ~) 8 5 , belore me, the undersigned, a Notary Public in and for , personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as i t S Daniel V, '[nc. .President and Secretary, on behalf of the corporation therein named, and acknowledged to me that said laws or a resolution of its board of directors, said corporation being known to me to be one of the partners of~e Development Company the partnership that executed the within instrument, and ack- nowledged to me that such corporation executed the same as such partner and that such partnership executed the same. WITN ESS my nd and official seal. Signature ~'~ (This area for official notarial seal) Mar~ E.~Biackard STATE OF CALIFORNIA COUNTY OF ORANP~F [ ss. -- - ," ' , before me, the undersigned, a Notary Public in and for said State, '~ DAVID C. DIC 304 (REV. 2185~ " POWER OF ATTO N !37 N'° 012415 DEVELOI INSURANCE COMPANY P.O. Box 3343, Anaheim, Calif.. 92803 EXPIRATION DATE: December 31, 1986 KNOW ALL MEN BY THESE PRESENTS: That DEVELOPERS INSURANCE COMPANY, A corporatiom duly organiTed and existing under the laws of the State of California, and hating its Home Office in the City of Anaheim, Ca orna. does hereby make, consfitute and appoint David C. Banfer its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver for and on its behalf as surety any and a bonds or undertakings in an amount not exceeding $1.500,000 in any single undertaking in accordance with its charter and to bind the corporation thereby as full}, and to the same extent as if such bonds were signed by' the President· sea]ed with the corporate seal of the corporation and duly attested by its Secretary, hereby ratifying and confirming the acts of Attorney(s)-in-Fact may do to these presents. · This power of Attorney does not cover the following: Baqk depository' bonds, mortgage def cicncy bonds, mortgage guarantee bonds· guaran ecs of nstallment paper· no e guarantee bonds· bonds on financial ~nstltUfions, lease bonds, insurance company qualifying bonds· warehouse bonds, self-insurer's bonds, fidelity bonds· bail bonds~ wage law bonds, and fiduciary bonds. This power of attorney is granted pursuant to Article IV· Section 11 and 12 of B~-laws of DEVELOPERS INSURANCE COMPANY adopted on the thirtieth day of March, 1979, and now in full force and effect. ' Article IV. Appointment and Authority of Residen Ass stunt Secretaries, and Anorney-in-Fact and agents to accept Legal Process and Make Appearances. Section 11. The Chairman of the Board~ the President, any Vice President, any Secretary or any' Treasurer may appoint attorneys-in-fact or agents with power and authority, as defined or limited to their respective l~ower of attorney', fo~ and on behall of the corporation to execute and deliver, and affix the seal of the corporation thereto, bonds, undertakings, recognizances, consents of surety or other written obligations in the nature thereof and any of said officers may remove such a orney-in~fact or agent and re'*oke the power and authority given to h m Section 12. Any bond, undertaking, recognizance, consent of surety or written obligation in the nature thereof shall be valid and binding upon the corporation when signed by' the Chairman of the Board, thc President, any Vice President or any Treasurer and duly attested and sealed~ if a seal is required, by. any Secretary' or when signed by thc Cha rman of the Board· the President any Vice President or any Treasurer and countersigned and sealed, if a seal is required, by a duly authorized attorney-in-fact or agent and any such bond. undertaking, recognizance, consent of surety or written obligation in thc nature thereof shall be valid and binding upon the corporation v, hen duly' executed and sealed, if a seal is required by one or more attorneys-in-fac or agents pursuant to and within the innits of the authority' granted by his or their powers of attorney This power of attorney is signed and sealed under and by' authority of the folinu, ing Resolution adopted by the Board of Directors of DEVELOPERS INSURANCE COMPANY at a meeting duly called and held on he h rd day' of August 1982, and that mid Resolution has not been amended or repealed: "RESOLVED, that the signature of any Vice-President or Assistant Secretary of this corporatmn, may be affixed or printed on any power of attorney on any re~ocation of any' power of attorney, or certificate bearing such facsimile signature but shall not bc valid and binding upon the corporation unless the seal of the corporation is affixed on such power of attorney, re~ocation of any' power of a orne¥ or ccrtilicate bearing a facsimile signature~" NOTICE: 1. This Power void unless corporate seal perforates power next to signatures. 2. This Power void if altered or erased. 3. Power of attorney should not be returned to Attorney-in-Fact, but should remain a permanent part of the obligee's records. 4. This Power is void unles~s the seal is readable, text is in brown ink, signatures are in blue ink and notice is in red ink. IN WITNESS WHEREOF, DEVELOPERS INSURANCE COMPANY has caused these presents to be signed by its Secretary· and its corporate seal to be hereunto affixed this fifth day' of December· 1984. DEVELOPERS INSURANCE COMPANY STATE OF CALIEORNIA BY~ ~/ COUNTY OF LOS ANGELES ss. Paul E G On this fifth day of December, 1984, before me personally' came Paul E Griffin, Jr, to me known who being by' me duly sworn· did depose and say: that he is Secretary of DEVELOPERS INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he knows thc seal of said corporation; that the seal affixed to the said instrument is such corporate scab that it was so afiixed by order ot thc Board of Directors of said corporation and that he signed his name thereto by like order. ARY ROSEN [ ~Ot,m~t ~'~.,8,~C - C,.~JgOl~N~.~, J BY: © DEVELOPERS INSURANCE COMPANY, 1985 WARNING! This is a copyrighted document. Any unauthorized reproduction is prohibited. All Rights Reserved. FORM DI 001 10/86 SUPPLEMENT TO CHULA VISTA SUBDIVISION IMPROVEMENT AGREEMENT This Supplement is made and entered into this 17th day of December t 1985 by and between the City of Chula Vista, a municipal corporation, hereinafter called the "City" and EastLake Development Company, a California limited partnership, hereinafter called the "Subdivider;" W I T N E S S E T H : ~" WHEREAS, Subdivider is about to present to the City Council of the City of Chula Vista for approval and recordation, a final subdivision map of a proposed subdivision, to be known as EastLake I, Unit No. 1, pursuant to the provision of the Subdivision Map Act of the State of California, and in compliance with the provisions of Title 18 of the Chula Vista Municipal Code relating to the filing, approval and recordation of subdivision maps, and WHEREAS, certain provisions and agreements with respect to the aforesaid subdivision map are agreed to by the parties in addition to or replacement of the terms and conditions set forth in the City's standard Subdivision Improvement Agreement Form No. CA-410, revised 12/82, which this Supplement is affixed to, and WHEREAS, the parties hereto agree to the filing, approval and recordation of the subject subdivision map upon its compliance with the terms of Form No. CA-410 as may be revised by this document. NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: 1. Por purposes of this Supplement and the City's Standard Porm Subdivision Improvement Agreement, "Subdivider" shall be EastLake Development Company, a California general partnership comprised of corporations or upon approval of the City, (not to be unreasonably withheld, in accordance with Section 5.2.2 of the Development Agreement between the City of Chula Vista and EastLake Development Company), the Assignee of Subdivider's interest in the aforementioned subdivision. 2. City, Subdivider and Subdivider's authorized Assignee contemplate that the subdivision maps, for the aforementioned subdivision shall be approved for filing and recordation prior to City final approval of the completion of subdivision improvement plans for all public improvements required as a condition of this division of real property. The parties agree that neither Subdivider nor Subdivider's authorized Assignee shall be authorized to proceed and construct the public improvements as a condition to this map prior to City Engineer's approval of such subdivision improvement plans in accordance with the procedures and standards of the City of Chula vista. -1- 139 3. It is further agreed by the parties hereto that the principle amounts of the labor and materials, and faithful performance bonds affixed hereto as Exhibits A, B and C, are based upon the current estimates of the parties of the cost of completion of the public improvements contemplated by this subdivision. Subdivider or Subdivider's authorized Assignee shall be authorized, following approval of all improvement drawings for the subject property to seek a reduction in the improvement security based upon revised estimates. City, upon request of Subdivider or Subdivider's Assignee shall not unreasonably withhold agreement to such a reduction in improvement security as may reasonably reflect the revised cost estimates of the works of improvement following approval of all improvement drawings. 4. Notwithstanding any provisions to the contrary in the City's Form No. CA-410 Subdivision Improvement Agreement, the City shall not, by authorization for the approval of the filing or recordation of the above-mentioned subdivision map, be estopped from denying or conditioning the approval of subdivision improvement drawings in accordance with adopted procedures or standards of the City of Chula Vista. 5. Certain public improvements are contemplated to be built or financed in whole or in part by Subdivider or Subdivider's Assignee in conjunction with the development of the property contained within the aforementioned map pursuant to the Development Agreement and Public Facilities Financing Plan approved by the City of Chula Vista on February 26, 1985. The parties agree that a prorata contribution towards the facilities contemplated in such agreements shall be paid by Subdivider pursuant to an agreement entitled "Interim Facilities Financing Agreement" with respect to payment of EastLake Hills and Shores impact fees which is attached hereto and incorporated by reference as if fully set forth herein. The Bonds attached as Exhibits A, B and C shall not secure the performance of the parties to the Interim Facilities Financing Agreement. 6. Notwithstanding any provision to the contrary in the City's Standard Subdivision Improvement Agreement Form CA-410, Subdivider shall be authorized to finance certain of the above public improvements (sewer, water, streets, etc.) through special assessment proceedings under the provisions of the "Municipal Improvement Act of 1913" (Division 12 of the Street and Highways Code of the State of California), with bonds to issue pursuant to the provisions of the "Improvement Bond Act of 1915" (Division 10 of said Code). This authorization is pursuant to the provisions of Section 66462(A)(2) of the Government Code of the State of California. 140 7. The City reserves the right, upon adequate notice to Subdivider, to suspend the issuance of building permits for residential dwelling units (or in the alternative sewer hook-ups) for units which are served by a gravity sewer line in Bonita Long Canyon where the City determines that the then present facilities are inadequate to provide service to additional dwelling units from this subdivision. Such suspension of the issuance of building permits of sewer hook-ups shall be lifted upon EastLake Development Company's provision of security for the completion of the works of improvements contemplated by various agreements between EastLake Development Company and McMillin Bonita Long Canyon Development with respect to oversizing the sewer lines in the sewer basin. 8. To the extent that this Addendum to the City's standard Subdivision Improvement Agreement Form No. CA-410 is consistent with said standard form, it shall take precedent over any provision therein to the contrary. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed on the day and year first hereinabove set forth. THE CITY OF CHULA VISTA SUBDIVIDER City · - - ATTEST:'- ~_.~' City Cler~ ~ Approved as to form by: Assistant City Attorney (Attach Notary Acknowledgement ) 1088a 141 STATE OF CALIFORNIA ) )S.S. COUNTY OF SAN DIEGO ) ON THIS 17thDAY OF December , 1985 · BEFORE ME, THE U--0-~-~-~RSIGNED, A NOTARY PUBL~N AND FOR SAID COUNTY AND STATE, PERSONALLY APPEARED Robert Santos KNOWN TO ME (OR PROVED TO ~SIS ~ORY EVIDENCE) TO BE THE Sr. Vice President OF EastLake Development Company A PAR-~'NERSHIP. THE PA~,TNERSHIP THAT EXECUTED THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT SUCH PARTNERSHIP EXECUTED THE SAME, PURSUANT TO ITS BY-LAWS. IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED MY NOTARIAL SEAL, THE DAY AND YEAR IN THIS CERTIFICATE FIRST ABOVE WRITTEN. CNOTARY PUBLIC INLAND FOR SAID ~I~'~,'~o~,^ ~ MY COMMISSION EXPIRES / INTERIM FACILITIES FINANCING AGREEMENT This Interim Facilities Financing Agreement ("Agreement") is entered into on the 19th day of December , 1985 between EastLake Development Company, a California general partnership ("Developer", and the City of Chula Vista, a municipal corporation ("City"), with reference to the recitals set forth below: Recitals WHEREAS, the City and Developer have previously agreed to an EastLake 1 Public Facilities Financing Plan dated February 7, 1985 ("Financing Plan") and entered into a Development Agreement dated February 26, 1985 ("Development Agreement") with respect to the provision of public infrastructure required for the develop- ment of the EastLake 1 SPA; and WHEREAS, the Financing Plan, SPA and Development Agree- ment contemplate the dedication of certain lands and various mechanisms for financing various public improvements pursuant to Articles VII, VIII and IX of the Financing Plan; and WHEREAS, the parties to this Agreement are presently formulating various financing programs to implement the methods of financing for capital improvement projects for the construction of public infrastructure contemplated by the Financing Plan; and WHEREAS, notwithstanding the ongoing work on said Financing Plan and the various mechanisms authorized for financing certain capital facilities thereunder, Developer (on behalf of itself or its merchant builders) wishes to seek City approval of various final subdivision maps for the areas commonly known as the EastLake Hills and EastLake Shores, lying to the west of the proposed Route 125 on both sides of East "H" Street within the EastLake 1 SPA area; and WHEREAS, the parties to this Agreement acknowledge that Developer's responsibility towards providing certain public facilities for the EastLake Hills and EastLake Shores area may be discharged prior to the completion of various financing options and structures contemplated under the Financing Plan by the contractual pledge to dedicate land and the payment of certain fees as conditions to the issuance of building permits for the construction of residential dwelling units within the EastLake Hills and EastLake Shores area; and WHEREAS, the parties acknowledge that they are in the process of completing their work with respect to the formation of various public facility financing options under the Financing Plan. -1- 12/18/85 (3) 143 NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. Payment of the fees and Developer's covenants with respect to dedication set forth herein shall be in satisfaction of any and all prorata obligations which the residential develop- ments and dwelling units within the EastLake Hills and EastLake Shores bear towards Financing Plan Projects Nos. 29, 30, 34, 36, 39, 41, 46, 48, 49, 50, 51 and 52. 2. The parties to this Agreement have not established, where impact fees are contemplated, the exact fee to be paid by Developer as a condition to the issuance of building permits. An interim fee shall be established and agreed to and set forth at a later date as Exhibit "A" to this Agreement. City and Developer shall utilize their best efforts to establish an interim fee schedule as soon as possible setting forth generally the fees to be provided for each land use on an equivalent dwelling unit or acreage basis and subdivided categories of land where appropriate, such as various types of residential construction. No building permits shall be issued until the interim fee schedule is agreed to by the parties. Exhibit "A" shall also generally in form and content set forth the total equivalent dwelling units estimated for all areas benefitting from the facilities to be financed in part by the EastLake Hills and EastLake Shores fees, together with the total equivalent dwelling units contemplated for the EastLake Hills and EastLake Shores development. Exhibit "A" shall also indicate either what percentage of each fee is attributable to the listed project referenced numbers set forth above, or the means for calculating such percentage. 3. Developer agrees to allow City to withhold residential building permits for any and all Final Map areas within the EastLake Hills and EastLake Shores area unless and until the fees established in Exhibit "A" are paid either at the time of or prior to the issuance of building permits or until one or more financing option(s) contemplated within Article X of the Financing Plan is in effect. Developer further agrees that prior to issuance of residential building permits for EastLake I, mechanisms must be established to fund the Reserve Fund for EastLake Development in accordance with the approved Public Facilities Financing Plan. 4. In addition to the requirements set forth in Para- graph 3 hereinabove, Developer agrees at the times set forth herein below to: (i) make an irrevocable offer of dedication of a one (1) acre site for a public library in such location as is satisfactory to the City Manager pursuant to the first Final Subdivision Map for the EastLake Village Center area of the EastLake 1 SPA; (ii) provide the City with a building of at least 4,000 square feet in the EastLake Village Center at no cost to the City for a period of five (5) consecutive years unless this condition is waived upon an earlier date; (iii) provide for and construct a transit center, including parking or loading space for four to five (4-5) busses and 120 automobiles in accordance -2- 12/18/85 (3) 144 with the City's parking standards in conjunction with the approval of the first Final Map for the EastLake Village Center;(iv) make an irrevocable offer of dedication of a 15-acre community park site in the location shown on the approved EastLake SPA upon City approval of either a Supplemental SPA or a new SPA for the areas of EastLake 1 currently within the jurisdiction of the City of Chula Vista south of Otay Lakes Road (Telegraph Canyon extension); and (v) make an irrevocablee offer of dedication of one (1) acre of usable land for a fire station in conjunction with the approval of the first Final Map for EastLake Business Center. 5. Upon compliance with the conditions set forth in Paragraphs 2, 3 & 4 hereinabove, Developer shall be deemed to satisfy its obligations with respect to development in the EastLake Hills and EastLake Shores area. 6. Unless and until this Agreement is superceded by one or more of the financing program(s) as authorized by the Financing Plan, this Agreement shall remain in effect and the fees subsequently set forth by Exhibit "A" shall remain condi- tions of the issuance of building permits; provided, however, that the fees set forth in Exhibit "A" shall be subject to an annual review by the City Council and may be adjusted by the City Council by an amount not to exceed the percentage increases or decreases set forth in the Engineering News Record for the types of construction contemplated for the referenced capital projects. 7. Nothing contained herein shall be deemed to modify, abrogate or constitute a waiver by either party of one another's obligation set forth in the Development Agreement. 8. This Agreement shall not in any way modify the City's obligations with respect to the formation of financing programs and insuring that benefitted parties provide their fair-share, prorata contributions towards the cost of facilities that benefit projects other than EastLake pursuant to Section 6.3.2 of the Development Agreement. 9. Such funds as are paid by Developer or others in conjunction with this Agreement shall be placed in an interest-bearing account and may be expended only for the purposes of providing the public facilities set forth in the project Reference numbers set forth hereinabove in Paragraph 1. 10. The interim fees payable as a condition to the issuance of building permits for development within the EastLake Hills and EastLake Shores area shall be for the referenced project numbers; provided, however, that to the extent the equivalent dwelling unit fees are determined to be in excess of the fees established by the City in the Facility Financing Plan, the Developer shall be entitled to a credit. Such credit may be applied at the option of the Developer to other obligations in accordance with the terms of an adopted financing mechanism or may be taken as a one-time lump sum reimbursement due within thirty (30) days after the effective date of said City action. Should the interim fees paid by the Developer be less than the amount set in the Facility Financing Plan, the Developer agrees to pay the difference to the City. 11. Where Developer builds or causes to be build facil- ities of excess or supplemental size, capacity, length or where Developer builds facilities prior to the time the facilities are required under Articles XIII and IX of the Financing Plan, Developer shall be granted a credit to the extent that such facilities are of excess or supplemental size, capacity or length or are constructed early. Said credit may be applied by Developer against the payment of fees for the issuance of building permits for additional dwelling units in accordance with the equivalent dwelling unit fee structure to be established in accordance with Paragraph 2 above. 12. If any material provision of this Agreement is held invalid, this Agreement will be automatically terminated unless within 15 days after such provision is held invalid the party holding rights under the invalidated provision affirms the bal- ance of this Agreement in writing. This provision will not affect the right of the parties to modify or suspend this Agree- ment by mutual consent. 13. Developer may transfer its rights and obligations under this Agreement if such transfer or assignment is made as part of a transfer, assignment, sale, or lease of all or a por- tion of the Property and the City consents to said transfer. Said consent shall not be unreasonably withheld. IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above written. CITY: DEVELOPER: CITY OF CHULA VISTA, EASTLAKE DEVELOPMENT COMPANY, a municipal corporation a California general partner- ship comprised of corporations Its: Mayor Approved as to form. -4- 12/18/85 (3) 1089a ~ ~? STATE OF CALIFORNIA ] ) s.s. COUNTY OF SAN DIEGO ) ON THIS 19th DAY OF December , 1985 , BEFORE ME, THE UNDERSIGNED, A NOTARY PUBLIC IN ~ND FOR SAID COUNTY AND STATE, PERSONALLY APPEARED Robert Santos KNOWN TO ME (OR PROVED TO ME ON THE BASIS ~RY EVIDENCE) TO BE THE Sr. Vice President OF EastLake Development Co. , A PARTNERSHIP, THE PARTNERSHIP THAT EXECUTED THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT SUCH PARTNERSHIP EXECUTED THE SAME, PURSUANT TO ITS BY-LAWS. IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED MY NOTARIAL SEAL, THE DAY AND YEAR IN THIS CERTIFICATE FIRST ABOVE WRITTEN. / NOTARY PUBLIC AND AND FOR SAID COUNTY AND STATE MY COMMISSION EXPIRES .-'., GRANT OF EASEMenT -~0~ DRAINAGE PURPOSES FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknow- ledged, the undersigned do/does hereby grant to the City of Chula Vista, in the County of San Diego, State of California, an easement and right- of-way for, and the right to construct, maintain, operate, replace, re- move, or enlarge a drain sewer and appurtenant structures in, upon, over and across that certain real property situated in the City of Chula Vista, County of San Diego, State of California, and more particularly described as follows: PER EXHIBIT "A" ATTACHED HERETO together with the right to enter upon and to pass and repass over and along said easement and right-of-way and to deposit tools, implements and other materials thereon by said City of Chula Vista, its officers, agents and employees and by any contractor, his agents and employees engaged by said City, whenever and wherever necessary for the purposes above set forth: WITNESS my hand this 16th day of December 19 85 BONITA LONG CANYON PARTNERSHIP BY: McHILLIN DEVELOPMENT, INC. COUNTY OF SAN Diego) ss ! M . ' ,"~'~njor Vice President Virgi~E. Elliott, Vice President On this day o£ 19 , before me, , a Notary public in and for the said County of San Diego, State of California, residing therein, duly com- missioned and sworn, personally appeared personally known to me to be the person whose name subscribed to the within instrument, and he__duly acknowledged to me that he excuted the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in the County of San Diego, the day and year in this certificate First above written. Notary ~ubllc in and for the County of San D1e~o, S~ate oF California Acknowledgment by Corporation which is a General Partner STATE OF CALIFORNIA COUNTY OF SAN D I EGO On December 16 '~O~a b~/f.°reH?~' fho undersigned, a Notary Public in and for said County and State, personally appeared known to me (~r'p'~o~-'~o-m~-oll-tl~e-ba~is~of sa~t~fach::~y-~lt~nce) to be the Zen i ~ r' V | ce President, and , V J r_a J I E. E 1 1 J ott: , known to me (u, :.~ioved~13'me'orrffil~ba=r=u;s'atistactory'~i- de~-~e) to be the V~ce Pres. Secretary of the corporation that executed t he within instrument and known to me to be the person who executed the within instrument on behalf of said corporation and acknowledged to me that such corporation executed the within instrument pursuant to its By-Laws or a Resolution of its Board of Directors; said corporation being known to me to be a general partner of BON I TA LONG CANYON PARTNERSH ! P a partnership, the partnership that executed the within Notary Seal instrument, and acknowledged to me that such corporation executed the same as such partner and that I ~ OF!'~ '~7 AL SEAL such partnership executed the same. ){ ~ J©¥CE A BENEF~E[D ! WlTNESS my hand and officia~ seal. I ,~ NOTA~YPUBLIC-CALIFO~NtA ~ '"~' ~,~y comm. expir*s M.~P 3!, I929 $?~ F~a~Public in and for sai~ounty and State AcknowledgmentSTATEcouNTyOFoFCALiFORNiAbY CorporatiOnsAN D [whiChEGo is s General Partner On December 1 ~. 19__,8~ before me, the undersigned, a Notary Public in and for said County and State, personally appeared Lloyd V. Hi 11 known to me (o~--pro~d't(~ m~-o~-tt.m-basis.of-safi~f-a~ory'~'i~er~c~'to be the ~President, and Vi rqi I E. El ] Jott known to me (~G~~o~~= ~e) to be the Vice Pres. ~ of the corporation that executed the within instrument and known to me to be the person who executed the within instrument on behalf of said corporation and acknowledged to me that such corporation executed the within instrument pursuant to its By-Laws or a Resolution of its Board of Directors; said corporation being known to me to be a general pa~ner of B0N I TA LONG CANYON PARTNERSH I P, a pa~nership, the partnership that executed the within No~ Seal instrument, and acknowledged to me that such ~. corporation executed the same as such partner and that ~~~~ such pa~nership executed the same. ~ ~ JOYCE A BENEFIE[D NOTA~ PUOMC - CALIFORNIA 3tA ~t~ Public in and for s~County and State - 148 V~N D~ ~q*D ~$$OC~ES, INC. 388.0102 DECEMBER 13, 1985 WEC PAGE 1 OF 1 EXHIBIT "A" LEGAL DESCRIPTION BEING THAT PORTION OF QUARTER SECTION 9 OF RANCHO DE LA NACION, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALI- FORNIA DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER LOT 203, TRACT 81-4 OF SECTION 9, THENCE NORTHEASTERLY ALONG EASTERLY LINE RANCHO DE LA NACION, NORTH 17° 52' 20" EAST,36.29 FEET TO TRUE POINT OF BEGINNING; THENCE SOUTHWESTERLY SOUTH 76° 42' 03" WEST,212.05 FEET TO POINT ON NORTHERLY SUBDIVISION BOUNDARY TRACT 81-4; THENCE SOUTH- WESTERLY SOUTH 86° 15' 15" WEST,25.13 FEET ALONG SAID TRACT LINE; THENCE NORTHWESTERLY NORTH 13° 17' 57" WEST,35.83 FEET; THENCE NORTHEASTERLY NORTH 76° 42' 03" EAST,233.63 FEET TO A POINT ALONG SAID RANCHO DE LA NACION LINE; THENCE SOUTHEASTERLY SOUTH 17° 52' 20" EAST, 40.13 FEET ALONG SAID RANCHO LINE TO TRUE POINT OF BEGINNING. 7) DRAINAGE ACCESS AND MAINTENANCE EASEMENT 8) DRAINAGE ACCESS AND MAINTENANCE EASEMENT 9) DRAINAGE ACCESS AND MAINTENANCE EASEMENT 10) DRAINAGE ACCESS AND MAINTENANCE EASEMENT D~AW~I 8Y T I T I. ~ ,,,,~ --- EASTLAKE I RESIDENTIAL 1Si GRANT OF EASEMENT -~OR DRAINAGE PURPOSES FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknow- ledged, the undersigned do/does hereby grant to the City of Chula Vista, in the County of San Diego, State of California, an easement and right- of-way for, and the right to construct, maintain, operate, replace, re- move, or enlarge a drain sewer and appurtenant structures in, upon, over and across that certain real property situated in the City of Chula Vista, County of San Diego, State of California, and more particularly described as follows: PER EXHIBIT "A" ATTACHED HERETO together with the right to enter upon and to pass and repass over and along said easement and right-of-way and to deposit tools, implements and other materials thereon by said City of Chula Vista, its officers, agents and employees and by any contractor, his agents and employees engaged by said City, whenever and wherever necessary for the purposes above set forth: WITNESS my hand this 16th day of December 19 85 BONITA~LONG CANYON PARTNERSHIP BY: McMILLIN DEVELOPMENT, INC. STATE OF CALIFORNIA) ,ov,~. Hill~j~:~ Vice President COUNTY OF SAN Diego) ss Virg{~ E. Eli{orr, Vice President On this day of 19__, before me, , a Notary public in and for the said County of San Diego, State of California, residing therein, duly com- missioned and sworn, personally appeared personally known to me to be the person whose name subscribed to the within instrument, and he duly acknowledged to me that__he__ excuted the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in the County of San Diego, the day and year in this certificate first above written. ~ /~ ~~-~-- Notary Public in and for the County of San Diego, State of California PW-E-21 SAFECO TITLE INSURANCE STATE OF CALIFORNIA COUNTY OF LOS Angeles I s.s. Onthisthe ll~h dayof December 19 85 beforeme, the undersigned, a Notary Public in and for said County and State, FOR NOTARY SEAL OR STAMP personally appeared MARK KELTON , personally known to me or proved to me on the basis of satisfactory evidence to be the Vice President, ~ ~ ~"~, ~OFFICIAL SEAL ~ ~ ~'~ P.R. KLEIN .o.A.Y Pu L,c - CAL'FOE"'^ ~of the corporation that executed the within PRINCIPAL OFFICE tN instrument on behalf of the corporation therein named, and acknow- LOS ANGELES COUN?¥ ledged to me that such corporation executed the Within instrument ) N~¥ CO,gJ~$$1ON EXPIRES OC?OBER 21, 19S8 pursuant to its by-laws or a resolution of it's board of directors. Signature o~ /~ P. R. Klein 152 VAN DELL AND ASSOCIATES, ]NC. 388.0102 DECEMBER 17, 1985 WEC PAGE 1 OF 1 EXHIBIT "A" LEGAL DESCRIPTION BEING PORTIONS OF LOT 203 TRACT 81-4, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, TOGETHER WITH A PORTION OF RANCHO DE LA NACION, ALL OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE AFOREMENTIONED LOT 203; THE TRUE POINT OF BEGINNING; THENCE NORTHWESTERLY NORTH 89021'20'' WEST 21.04 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF CORRAL CANYON ROAD; THENCE NORTHWESTERLY NORTH 23000'20'' WEST 43.29 FEET ALONG SAID RIGHT OF WAY LINE; THENCE NORTHWESTERLY NORTH 8°51'32'' WEST, 108.28 FEET TO A POINT ON NORTHERLY BOUNDARY LINE TRACT 81-4; THENCE CONTINUE NORTH 8"51'32" WEST, 43.80 FEET TO A POINT ON THE EASTERLY BOUNDARY LINE OF RANCHO DE LA NACION; THENCE SOUTHWESTERLY SOUTH 17°52'20" WEST 44.98 FEET ALONG SAID BOUNDARY LINE TO THE NORTHEAST CORNER OF TRACT 81-4; THENCE CONTINUE SOUTH 17°52'20'' EAST 155.02 FEET ALONG SAID BOUNDARY TO TRUE POINT OF BEGINNING. I 1) SLOPE MAINTENANCE EASEMENT (OPFSITE) 2) DRAINAGE EASEMENT (OFFSITE) 3) DRAINAGE ACCESS EASEMENT (OFFSITE) 4) DRAINAGE ACCESS AND MAINTENANCE EASEMENT 5) DRAINAGE ACCESS AND MAINTENANCE EASEMENT 6) DRAINAGE ACCESS AND MAINTENANCE EASEMENT 7) DRAINAGE ACCESS AND MAINTENANCE EASEMENT 8) DRAINAGE ACCESS AND MAINTENANCE EASEMENT 9) DRAINAGE ACCESS AND MAINTENANCE EASEMENT 10) DRAINAGE ACCESS AND MAINTENANCE EASEMENT DRAWN BY ? ! ? L N. M. 'DA,~ EASTLAKE I RESIDENTIAL __~=,B - e~ (EASEMENTS) 155 GRANT OF EASEMENT - FOR DRAINAGE PURPbSES FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknow- ledged, the undersigned do/does hereby grant to the City of Chula Vista, In the County of gan Diego, State of California, an easement and right- of-way for, and the right to construct, maintain, operate, replace, re- hove, or enlarge a drain sewer and appurtenant structures in, upon, over ~nd across that certain real property situated in the City of Chula Vista, County of San Diego, State of California, and more particularly described as follows: PER EXHIBIT "A" ATTACHED HERETO AND AS SHOWN ON EXHIBIT "B" ATTACHED HERETO. together with the right to enter upon and to pass and repass over and along said easement and right-of-way and to deposit tools, implements and other materials thereon by said City of Chula Vista, its officers, agents and employees and by any contractor, his agents and employees engaged by said City, whenever and wherever necessary for the purposes above set forth: WITNESS hand this day of 19 STATE OF CALIFORNIA) COUNTY OF SAN Diego) ss ~___~ day of'~ '-~.%n ~his 0t~-(- 19 ~5, before me, -~4~t~$~ L_~.-- ~ ~t~p~bl~n and for the County~San Diego, State of California, missioned~wopn~ personally appeared~ ~ personally know__me to be the per ~ose name_[~ to the within instrume~ acknowledged to me h ~ excuted the same. ~ _e~ IN WITNES I have et my hand my official my office in the County of Diego, day and year in this tificate first above w~itten. EASTLAKE DEVELOPMENT COMPANY, ~IClAL~ A CALIFORNIA GENERAL PARTNERSHIP, AS OWNER J~I~EE BY: DA~D IV, I~., A CALIFORNIA CORPORATIO~ ~-~ ROBERT~A~OS ' BY: ROBERT'SANTOS Public in and for )unty ' '/~ of San Diego, State of Califo 156 CAT. NO. NN00636 TO 19154 CA (9--84) (Corporation as a Partner of a Partnership) STATE OF CALI,FORNIA ~. ~ -- co , L . On I----~=.<_.. ~o ~ t~,~.,-~- before me, the undersigned, a Notary Public in and for said State, personally appeared [~0~ ~'~ -taersonally k-o,lm to '~¢ or prove~d ~o me on the basis of satisfactory evidence to be the person who executed the within instrument as the 'd ~ c~ ~ President, and personally known to me or proved to me on the basis of satisfactory evidence go. be the person who executed the within instrument as the Secretary of the cot oraX~kOn that executed e within instrument on t~:-13~ I~ M~O q the parmership that executed ~ OmClA~. the withih instrument, and acknowledged to me that such ~ corporation executed the same as such partner and that ~ ~OTa. RV I~.tC.., e..NJF0f~IA ~ ~ DIEGO COUNIY such pa~ter~ip executed the same. WIT.S my~,~nd offici~/~eal/~ Sign ~ (This area for official notarial seal) VAN DELL AND ASSOCIATES, INC. NOVEMBER 20, 1985 JW/4-64 PAGE 1 OF 1 EXHIBIT "A" LEGAL DESCRIPTION BEING THAT PORTION OF FRACTIONAL SECTION 28, TOWNSHIP 17 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE ~ITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID FRACTIONAL SECTION 33; THENCE SOUTHERLY ALONG THE EASTERLY LINE OF SAID FRACTIONAL SECTION SOUTH 1° 27' 26" WEST 2693.05 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID FRACTIONAL SECTION; THENCE WESTERLY ALONG THE SOUTHERLY LINE OF SAID NORTHEAST QUARTER OF SAID FRACTIONAL SECTION 33 NORTH 89° 21' 14" WEST 2545.68 FEET TO THE TRUE POINT OF BEGINNING; THENCE WESTERLY ALONG SAID SOUTHERLY LINE NORTH 89° 21' 14" WEST 8,62 FEET TO A POINT ON THE EASTERLY RANCHO LINE OF RANCHO DE LA NACION PER MAP NO. 166 AND MAP 815; THENCE NORTHWESTERLY ALONG SAID RANCHO LINE NORTH 17° 52' 14" WEST 231.44 FEET; THENCE NORTH 76° 49' 00" EAST 16.75 FEET; THENCE NORTH 6° 38' 00" EAST 186.00 FEET; THENCE NORTH 62° 53' 00" EAST 27.80 FEET; THENCE SOUTH 67° 10' 00" EAST 170.00 FEET; THENCE NORTH 89° 15' 00" EAST 108.30 FEET; THENCE NORTH 39° 47' 00" EAST 80.40 FEET; THENCE NORTH 70° 19' 00" EAST 48.t0 FEET; THENCE SOUTR'87° 20' 00 EAST 109.34 FEET; THENCE NORTH 30° 57' 00" EAST 116.32 FEET; THENCE NORTH 34° 52' 00" EAST 100.81 FEET; THENCE NORTH 38° 40' 00" EAST 150.95 FEET; THENCE NORTH 43° 58' 00" EAST 100.98 FEET; THENCE NORTH 48° 03' 00" EAST 226.23 FEET; THENCE SOUTH 49° 02' 06" EAST 12.09 FEET; THENCE SOUTH 48° 03' 00" WEST 227.29 FEET; THENCE SOUTH 43° 58' 00" WEST 100.00 FEET; THENCE SOUTH 38° 40' 00" WEST 150,00 FEET; THENCE SOUTH 34° 52' 00" WEST 100.00 FEET; THENCE SOUTH 30° 57' 00" WEST 100.00 FEET; THENCE SOUTH 27° 05' 00" WEST 99,11 FEET; THENCE SOUTH 70° 51' 47" EAST 86.97 FEET; THENCE SOUTH 25° 56' 02" WEST 50.35 FEET; THENCE NORTH 70° 5~' 47" WEST 86.25 FEET; THENCE SOUTH 27° 24' 00" WEST 65.20 FEET; THENCE SOUTH 64° 39' 00" WEST 127.75 FEET; THENCE SOUTH 72° 58' 00" WEST 294.00 FEET; THENCE SOUTH 11° 10' 00" EAST 106.99 FEET; TO THE TRUE POINT OF BEGINNING. 7) DRAINAGE ACCESS AND MAINTENANCE EASEMENT 8) DRAINAGE ACCESS AND MAINTENANCE EASEMENT 9) DRAINAGE ACCESS AND MAINTENANCE EASEMENT 10) DRAINAGE ACCESS AND MAINTENANCE EASEMENT DRAWN 8Y T I T I. t~ o,,~ EASTLAKE I RESIDENTIAL 9 _16 -- 85 --- - - (EASEMENTS) -.. 160 .GRANT OF EASEMENT - FOR DRAINAGE PURPOSES FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknow- ledged, the undersigned do/does hereby grant to the City of Chula Vista, in the County of San Diego, State of California, an easement and right- of-way for, and the right to construct, maintain, operate, replace, re- move, or enlarge a drain sewer and appurtenant structures in, upon, over and across that certain real property situated in the City of Chula Vista, County of San Diego, State of California, and more particularly ~escribed as follows: PER EXHIBIT "A" ATTACHED HERETO AND AS SHOWN ON EXHIBIT "B" ATTACHED HERETO. together with the right to enter upon and to pass and repass over and along said easement and right-of-way and to deposit tools, implements and other materials thereon by said City of Chula Vista, its officers, agents and employees and by any contractor, his agents and employees engaged by said City, whenever and wherever necessary for the purposes above set forth: WITNESS /~ hand ~ this ~ day of ~)~/Y]~i./~ 19_~.~. STATE OF CALIFORNIA) ~ COUNTY OF SAN Oiego) ss day of ~m~ 19 ~ , before me,__ ~ a Notary public in and for Count3 San Diego, Sta%e of California missioned sworn, personally appeared personally ~o me to be the name ~ t¢ the within and ~duly acknowledged to excuted the same. IN ,I have set my hand a at my office in the County Diego day and in this certificate first above written. £ASTkAK£ DSVSLOP~SNT COMPANY, A CALiFORNiA GSNSRAL PARTNSRSH~P, AS OWNSR BY: D~[~D IV, ~C., A CALiFORNiA CORPORATION ROBERT'S~TOS BY: D~~A CALIFORRIA CORPOR~TI~ ~OB~R~S~TOS Publle in and ro~ Coung7 ~-/~ San Diego, State of la PW-E-21 161 CAT. NO, NN00636 TO 1954 CA (9--84) (Corporation as a Partner of a Partnership) STATE OF CALI~RNI, A ~ -- COUNTY OF ~ ~ --~--(~,~ before me, undersigned, a Notary Public in and for On (~. the said State, personally appeared ~o X--~_(C-T- ........ r ....... llw, ......... b .......... .v .... or proved to me on thc basis of satisfactory evidence to be the person who executed the within instrument as thc Nj ~ ~. ~ President, and personally known to me or proved to me on the basis of satisfactory evidence [.o. be the person who executed~he within instrument aa the ~ Secretary of the corpomraOn that executed tile_within instrument on b.e.h~fof ~---~'T!--/~.4~-~__ ~._~_.~' ~[_.O~'~-4,~_~.~q- "'"L~'c~::~'°"3x-4 the parmership that executed OFFICIAL the within instrument, and acknowledged to me that such D~I~H J. such partnership executed the same. PRtI~CtPAL OFF!CE WlTNESSqm2-hand and officialj.~il.l, l~y ~ Ex~lr. Ocfob~' ~, Signatu (This area for official notari~l VAN DELL AND ASSOCI~TES~ INC. 388.0102.10 12-04-85 JW/4-68 PAGE ] OF ] EXHIBIT "A" LEGAL DESCRIPTION BEING THAT PORTION OF FRACTIONAL SECTION 33, TOWNSHIP ]7 SOUTH, RANGE ] WEST, SAN BERNARDINO MERIDIAN, IN THE 'CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING'AT TME NORTHEAST CORNER OF SAID FRACTIONAL SECTION 33; THENCE SOUTH 40° 56' 48" WEST 2695.68 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 44© 51' 16" EAST ]0.00 FEET; THENCE SOUTH 27° 12' 50" WEST 300.44 FEET; THENCE SOUTH 3° 58' 20" WEST 87.50 FEET; THENCE SOUTH 30° 28' 00" EAST 71.10 FEET; THENCE SOUTH 24° 50' 00" WEST 49.20 FEET; THENCE SOUTH 57° 37' 00" WEST ]3].40 FEET; THENCE NORTH 69° 17' ]7" WEST 88.]0 FEET; THENCE NORTH 25° ]0' 37" EAST 200.6] FEET TO A POINT ON A TANGENT ]]47.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY 399.75 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 19" 58' 07" TO THE TRUE POINT OF BEGINNING. co 1) SLOPE MAINTENANCE EASEMENT (OFFSITE) 2) DRAINAGE EASEMENT (OFFSITE) 3) DRAINAGE ACCESS EASEMENT (OFFSITE) I ~ 4) DRAINAGE ACCESS AND MAINTENANCE EASEMENT ; ~ 5) DRAINAGE ACCESS AND MAINTENANCE EASEMENT 6) DRAINAGE ACCESS AND MAINTENANCE EASEMENT 7) DRAINAGE ACCESS AND MAINTENANCE EASEMENT 8) DRAINAGE ACCESS AND MAINTENANCE EASEMENT 9) DRAINAGE ACCESS AND MAINTENANCE EASEMENT 10) DRAINAGE ACCESS AND MAINTENANCE EASEMENT EASTLAKE I · RESIDENTIAL · , (EASEMENTS) FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknow- ledged, the undersigned do/does hereby grant to the City of Chula Vista, in the County of San Diego, State of California, an easement and right- of-way for, and the right to construct, maintain, operate, replace, re- move, or enlarge a drain sewer and appurtenant structures in, upon, over and across that certain real property situated in the City of Chula Vista, County of San Diego, State of California, and more particularly described as follows: PER EXHIBIT "A" ATTACHED HERETO AND AS SHO~rN ON EXHIBIT "B" ATTACHED HEP~ETO. together with the right to enter upon and to pass and repass over and along said easement and right-of-way and to deposit tools, implements and other materials thereon by said City of Chula Vista, its officers, agents ~nud employees and by any contractor, his agents and employees engaged by said City, whenever and wherever necessary for the purposes above set forth: WITNESS__~ hand__this Io~ day of %~E~Lt~_ 19~-. STATE OF CALIFORNIA) COUNTY OF SAN Diego) ss 0n this day of 19 , before me, , a Notary public in and for th~ sai0 County of San Diego, Stase of California, residing therein~ duly com- missioned and sworn, personally appeared personally known to me to be the person whose name subscribed LO the within instrument, and he duly acknowledged to me that he excuted the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in the County of San Diego, the day and year ~ this certificate first above written. A CaHfo~D~a Genera~ Partnership BY: DA~Io~k V, I~, A California Corporation ~ ~ --~/~ Notary Public In and for ~he County - 155 VAN DELL AND ASSOGIATE , 388.0t02 12/O9/85 JW/4-73 PAGE LEGAL DESCRIPTION A 10.00 FOOT WIDE STRIP OF LAND WITHIN FRACTIONAL SECTION 33 AND SECTION 34, TOWNSHIP 17 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, THE CENTERLINE WHICH IS DESCRIBED AS FOLLOWS: BEGINNING, AT THE NORTHEAST CORNER OF SAID FRACTIONAL SECTION 33; THENCE WESTERLY ALONG THE NORTHERLY LINE OF SAID FRACTIONAL SECTION 33 NORTH 89° 27' 22" WEST 3492.19 FEET; THENCE SOUTH 64° 45' 48" EAST 3007.55 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 47° 14' 00" EAST 120.04 FEET TO THE BEGINNING OF A TANGENT 45.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, THE RADIAL TO SAID CURVE BEARS NORTH 42° 46' 00" EAST; THENCE SOUTHEASTERLY 11.66 FEET THROUGH A CENTRAL ANGLE OF 14° 50' 31" TO THE BEGINNING OF A REVERSING 45.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, THE RADIAL TO SAID CURVE BEARS SOUTH 57° 36' 31" WEST; THENCE SOUTHEASTERLY 11.66 FEET THROUGH A CENTRAL ANGLE OF 14° 50' 31"; THENCE TANGENT TO SAID CURVE SOUTH 47° 14' 00" EAST 257.09 FEET TO THE BEGINNING OF A TANGENT 45.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, THE RADIAL TO SAID CURVE BEARS SOUTH 42" 46' 00" WEST; THENCE EASTERLY 80.20 FEET THROUGH A CENTRAL ANGLE OF 102° 07' 00"; THENCE TANGENT TO SAID CURVE NORTH 30° 39''00" EAST 138.19 FEET TO THE BEGINNING OF A TANGENT 677.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, THE RADIAL TO SAID CURVE BEARS NORTH 59° 21' 00" WEST; THENCE NORTHEASTERLY 240.54 FEET THROUGH A CENTRAL ANGLE OF 20° 21' 26"; THENCE TANGENT TO SAID CURVE NORTH 51° 00' 26" EAST 102.19 FEET TO THE BEGINNING OF A TANGENT 45.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY, THE RADIAL TO SAID CURVE BEARS NORTH 38° 59' 34" WEST; THENCE SOUTHEASTERLY 67.54 FEET THROUGH A CENTRAL ANGLE OF 85~ 59' 34"; THENCE TANGENT TO SAID CURVE SOUTH 43° 00' 00" EAST 49.71 FEET. A= 14°50'~1m 5.86' N4Z°4GrOO"E ~ ~ ,.- N 42'4G~00" E R' 45.00' L: 80.20' ./ ~ 8 I/2 X 14 - EXHIBIT "B' - 440K26.a2~Fs EXHIBT 2 0?-Nov-85 15,49 / 100.05-1 1) SLOPE MAINTENANCE EASEMENT (OFFSITE) 2) DRAINAGE EASEMENT (OFFSITE) 3) DRAINAGE ACCESS EASEMENT (OFFSITE) 4) DRAINAGE ACCESS AND MAINTENANCE EASEMENT 5) DRAINAGE ACCESS AND MAINTENANCE EASEMENT 6) DRAINAGE ACCESS AND MAINTENANCE EASEMENT 7) DRAINAGE ACCESS AND MAINTENANCE EASEMENT 8) DRAINAGE ACCESS AND MAINTENANCE EASEMENT 9) DRAINAGE ACCESS AND MAINTENANCE EASEMENT 10) DRAINAGE ACCESS AND MAINTENANCE EASEMENT DRAWN 8Y [ T I T L -- - ..... ' , (EASEMENTS) GRANT OF EASEMENT - FOR DRAINAGE PURPOSES ~. 169 FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknow- ledged, the undersigned do/does hereby grant to the City of Cbula Vista, in the County of San Diego· State of California, an easement and riKbt- of-way for, and the right to construct, maintain, operate, replace, move, or enlarge a drain sewer and appurtenant structures in, upon, over and across that certain real property situated in the City of Chula Vista, County of San Diego, State of California, and more particularly described as follows: PER EXHIBIT "A" ATTACHED HERETO AND AS SHOWN ON EXHIBIT "B" ATTACHED HERETO. together vlith the right to enter upon and to pass and repass over and along said easement and right-of-way and to deposit tools· implements and other materials thereon by said City of Chula Vista, its officers, agents and employees and by any contractor, his agents and employees engaged by said City, whenever and wherever necessary for the purposes above set forth: WITNESS /y~ hand this /'~ ~ day of ~Z~.?~¥[~ 19 ~5 . COUNTY OF SAN Diego) ss '~/ · On this __day of 19 , before me, · a Notary public in and for the said County of San Diego, State of California, residing therein, duly missioned and sworn, personally appeared personally known to me to be the person whose name subscribed Lo the within instrument, and he duly acknol~ledged to me that he excuted the same. IN WITNESS ',./HEREOF, I have hereunto set my hand and affixed my official seal, at my office in the County of San Diego, the day and year Jn this certificate first above written. EastLake Development Company A California General Partnership BY: DAVID IV, INC., A California Corporation BY: DANIEL V, INC., A California Corporation Notary Public in and for Ihe County of San Dle~o, State of Calirornia (Corporanon as a Partner of a Partnership) '"~ COUNTY OF ..~<'~,~ {-~ ~f3 t [~'lc~,~ before mc, the undersigned, a Notary Public in and for On o persona[]~ known to me or proved to mc on the basis of satisfactory evidence be the er$on who execu ed the w thin nstrumcnt Secretary .(~'c ~'~.~:~.3~ the parmership that exec;te~d O~l¢l.~t 170 VAN DELL AND ASSQCIATES, 388.0102.10 12-09-85 JW/4-71 PAGE 1 OF 1 LEGAL DESCRIPTION BEING THAT PORTION OF SECTION 34, TOWNSHIP 17 SOUTH, RANGE 1 WEST, SAN BEENARDINO MERIDIAN, IN TEE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 34; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID SECTION 34 SOUTH 1" 27' 26" WEST 2,693.05 FEET TO A POINT ON THE SOUTHERLY LINE OF THE NORTHWEST QUARTER OF SAID SECTION 34; THENCE EASTERLY ALONG THE SAID SOUTHERLY LINE SOUTH 88° 53' 15" EAST 905.70 FEET TO THE TRUE POINT OF BEGINNING;/~HENC~ EASTERLY ALONG SAID SOUTHERLY LINE SOUTH 88° 53' 1~" 'JEST 10.02 FEET; THENCE SOUTH 2° 50' 43" EAST 105.15 FEET; TRENCE SOUTH 87" 09' 17" WEST 10.00 FEET TO A POINT LYING 10.00 FEET WESTERLY, MEASURED AT RIGHT ANGLES, FROM THE COURSE DESCRIBED ABOVE AS SOUTH 2° 50' 43" EAST 105.15 FEET; THENCE NORTH 2° 50' 43" WEST I05.85 FEET TO THE TRUE POINT OF BEGINNING. '~" ""' EXHIBIT "B" .--,,,.. ,o,, 8 I/2 X 14 - EXHIBIT 'B' - 440£26o323PF~ EXHIB? 2 O?-Nev-8$ 15~49 / 100.05-1 - - 172 7) DRAINAGE ACCESS AND MAINTENANCE EASEMENT 8) DRAINAGE ACCESS AND MAINTENANCE EASEMENT 9) DRAINAGE ACCESS AND MAINTENANCE EASEMENT 10) DRAINAGE ACCESS AND MAINTENANCE EASEMENT DRAWN BY T ! T t. E R. M. F. oA,~ - EASTLAKE I RESIDENTIAL -- , (EASEMENTS) GRANT OF EASEMENT - FOR DRAINAGE PURPO~$ 173 FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknow- ledged, the undersigned do/does hereby grant to the City of Chula Vista, in the County of San Diego, State of California, an easement and right- of-way for, and the right to construct, maintain, operate, replace, re- move, or enlarge a drain sewer and appurtenant structures in, upon, over and across that certain real property situated in the City of Chula Vista, County of San Diego, State of California, and more particularly described as follows: PER EXHIBIT "A" ATTACHED HERETO AND AS SHO~N ON EXHIBIT "B" ATTACHED HERETO. together with the ~ight to enter upon and to pass and repass over and along said easement and right-of-way and to deposit tools, implements and other materials thereon by said City of Chula Vista, its officers, agents and employees and by any contractor, his agents and employees engaged by said City, whenever and wherever necessary for the purposes above set forth: WITNESS hand this /~/J day of ~.r' ~t~2~Z~a 19 ~.~. STATE OF CALIFORNIA) COUNTY OF SAN Diego) ss On this ~day of 19~, before me, , a Notary public in and for the said County of San Diego, Sta~e of California, residing therein, duly missioned and sworn~ personally appeared personally known to me to be the person whose name subscribed to the within instrument, and he duly acknowledged to me that excuted the same. IN WITNESS WNEREOF, I have hereunto set my hand and affixed my off~t~al seal, at my office in ~he County of San Diego, the day and year J~l this certificate first above written. ~astLake Development Company A California General Partnership BY: DAVID IV, INc., A California Corporation '/ ~ l BY: DANIEL V, I~C., A California Corporation o.C°UN~V°~ ~ ~o ~ ~. said Sta~? ~ersonally appeared - [~Q ~i~ [~/~ ~ the within inst ..... t as the ~l c_~ ~ h ...... ted such p ...... hip ..... ted th ...... . k~5}:6;J .or*~ o0~*e WIT.S ~y ha~ and of~c~seal ~7 ~ ... 174 VAN DELL AND ASSOCIATES, INC. 388.0102 12/09/85 JW/4-72 PAGE 1 OF 3 EXHIBIT "A" LEGAL DESCRIPTION BEING THAT PORTION OF FRACTIONAL SECTION 33 AND SECTION 34, TOWNSHIP 17 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO. STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID FRACTIONAL SECTION 33; 1)THENCE SOUTH 23° 5]' 33" WEST 492.65 FEET TO THE BEGINNING OF A NON-TANGENT 1945.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, THE RADIAL TO SAID CURVE BEARS SOUTH 52° 18' 44" EAST, SAID POINT BEING THE TRUE POINT OF BEGINNING; 2)THENCE NORTHEASTERLY ]15.33 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 3°~23' 51"; 3)THENCE TANGENT TO SAID CURVE NORTH 34° 17' 25" EAST 282.28 FEET TO THE BEGINNING OF A TANGENT ] 298.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, THE RADIAL TO SAID POINT BEARS NORTH 55° 42' 35" WEST; 4)THENCE NORTHEASTERLY 10.18 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 0° 26' 58"; 5)THENCE TANGENT TO SAID CURVE NORTH 34° 44' 23" EAST 242.23 FEET TO THE BEGINNING OF A TANGENT 1947.00 FOOT RADIUS CURVE. CONCAVE NORTHWESTERLY, THE RADIAL TO SAID CURVE BEARS SOUTH 55° ]5' 37' EAST; 6)THENCE NORTHEASTERLY 141.48 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 4° 09' 48"; 7)THENCE TANGENT TO SAID CURVE NORTH 30° 34' 35" EAST 146.76 , FEET; 8)THENCE NORTH 59° 25' 25" WEST 20.00 FEET; 9)THENCE NORTH 25° 53' 00" EAST 58i.46 FEET; 10)THENCE NORTH 29° 59' 00" EAST 100.77 FEET; II)THENCE NORTH 41° 18' ~8" EAST 27.00 FEET; ]2)THENCE SOUTH 48° 4]' 42" EAST 259.00 FEET; 13)THENCE SOUTH 41° 18' ]8" WEST 229.29 FEET TO THE BEGINNING OF A TANGENT ]842.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, THE RADIAL TO SAID CURVE BEARS NORTH 48° 41' 42" WEST; 14)THENCE SOUTHWESTERLY 9.95 FEET THROUGH A CENTRAL ANGLE OF 0° 18' 34" TO THE BEGINNING OF A REVERSE CURVE, CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 250.00 FEET, THE RADIAL TO SAID CURVE BEARS SOUTH 49° 00' 16" EAST; 15)THENCE SOUTHWESTERLY 43.74 FEET ALONG SAID REVERSE CURVE THROUGH A CENTRAL ANGLE OF 10° 0]' 30" TO THE BEGINNING OF A REVERSE CURVE, CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 250.00 FEET, THE RADIAL TO SAID CURVE BEARS NORTH 38° 58' 46" WEST; 16)THENCE SOUTHWESTERLY 57.33 FEET ALONG SAID REVERSE CURVE THROUGH A CENTRAL ANGLE OF 13° 08' 22" TO THE BEGINNING OF A COMPOUND CURVE, CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 1852.00 FEET. THE RADIAL TO SAID CURVE BEARS NORTH 52° 07' 08" WEST; ~7)THENCE VAN DELL AND ASSOCIATES, INC. 388.0?02 ]2/09/85 JW/4-72 PAGE 2 OF 3 SOUTHWESTERLY ]65.69 FEET ALONG SAID COMPOUND CURVE THROUGH A CENTRAL ANGLE OF 5° 07' 33"; ]8)THENCE SOUTH 50° 37' 07" EAST 220.73 FEET TO THE BEGINNING OF A TANGENT 55.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, THE RADIAL TO SAID CURVE BEARS NORTH 39° 22' 53" EAST; ]9)THENCE SOUTHEASTERLY 86.39 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE 90° 00' 00"; 20)THENCE TANGENT TO SAID CURVE SOUTH 39" 22' 53" WEST ]07.81 FEET TO THE BEGINNING OF A TANGENT 3].00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, THE RADIA~ TO SAID CURVE BEARS NORTH 50° 37' 07" WEST; 2])THENCE SOUTHERLY 49.06 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90° 40' 03"; 22)THENCE TANGENT TO SAID CURVE SOUTH 5]° 17' ]]" EAST 43.99 FEET TO THE BEGINNING OF A TANGENT 222.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, THE RADIAL TO SAID CURVE BEARS NORTH 38° 42' 49" EAST; 23)THENCE SOUTHEASTERLY ]26.58 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 32° 40' 06"; 24)THENCE SOUTH 7]° 22' 55" WEST 20.00 FEET TO THE BEGINNING OF A NON-TANGENT 202.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, THE RADIAL TO SAID CURVE BEARS NORTH 7]° 22' 55" EAST, SAID CURVE IS CONCENTRIC TO AND 20.00 FEET SOUTHWEST OF SAID COURSE NO. 23 HEREIN CONCAVE SOUTHWESTERLY; 25)THENCE NORTHWESTERLY ]]5.17 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 32° 40' 06" TO A POINT LYING 20.00 FEET SOUTHWESTOF , MEASURED AT RIGHT ANGLES OF COURSE NO. 22 HEREIN. DESCRIBED SOUTH 5]° ]7' ]]" EAST; 26)THENCE TANGENT TO SAID CURVE NORTH 5]° ]7' ]]" WEST 43.99 FEET TO THE BEGINNING OF A TANGENT 5].00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, THE RADIAL TO SAID CURVE BEARS NORTH 38° 42' 49" EAST, SAID CURVE IS CONCENTRIC TO AND 20.00 FEET SOUTHWESTERLY OF SAID COURSE NO. 2] HEREIN CONCAVE NORTHEASTERLY; 27)THENCE NORTHERLY 80.70 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90° 40' 03" TO A POINT LYING 20.00 FEET WESTERLY, MEASURED AT RIGHT ANGLES OF COURSE NO. 20 HEREIN DESCRIBED AS SOUTH 39° 22' 53" WEST; 28)THENCE TANGENT TO SAID CURVE NORTH 39° 22' 53" EAST ]07.8] FEET TO THE BEGINNING OF A TANGENT 35.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, THE RADIAL TO SAID CURVE BEARS SOUTH 50° 37' 07" EAST, SAID CURVE IS CONCENTRIC TO AND 20.00 SOUTHWESTERLY OF SAID COURSE NO. ]9 HEREIN CONCAVE SOUTHWESTERLY; 29)THENCE NORTHWESTERLY 54.98 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90° 00' 00" TO A POINT LYING 20.00 FEET SOUTHERLY, MEASURED AT RIGHT ANGLES OF COURSE NO. ]8 HEREIN DESCRIBED AS SOUTH 50° 37' 07" EAST; 30)THENCE TANGENT TO SAID CURVE NORTH 50° 37' 07" WEST 2]8.30 FEET TO THE BEGINNING OF A NON-TANGENT ]852.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, THE RADIAL TO SAID CURVE BEARS NORTH 57° 52' 05" WEST; 3])THENCE VAN DELL AND ASSOCIATES, INC. 388.0102 12/09/85 JW/4-72 PAGE 3 OF 3 SOUTHWESTERLY 50.28 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF ]° 33' 20"; 32)THENCE TANGENT TO SAID CURVE SOUTH 30° 34' 35" WEST 237.]7 FEET TO THE BEGINNING OF A TANGENT 2053.00 FOOT RADIUS CURVE, CONCAVE WESTERLY, THE RADIAL TO SAID CURVE BEARS SOUTH 59" 25' 25" EAST; 33)THENCE SOUTHWESTERLY ]]7.89 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 3° ]7' 55"; 34)THENCE TANGENT TO SAID CURVE SOUTH 33° 52' 00" WEST 273.30 FEET TO THE BEGINNING OF A TANGENT ]298.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY. THE RADIAL TO SAID CURVE BEARS SOUTH 56° 08' 00" EAST; 35)THENCE SOUTHWESTERLY 9.60 FEET THROUGH A CENTRAL ANGLE OF 0° 25' 25"; 36)THENCE TANGENT TO SAID CURVE SOUTH 34° ]7' 25" WEST 282.28 FEET TO THE BEGINNING OF A TANGENT 2055.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, THE RADIAL TO SAID CURVE BEARS SOUTH 55° 42' 35" EAST; 37)THENCE SOUTHWESTERLY ]2].86 FEET THROUGH A CENTRAL ANGLE OF 3° 23' 5]"; 38)THENCE NORTH 52° ]8' 44" WEST ]]0.00 FEET TO THE TRUE POINT OF BEGINNING. ~.. 177 ~ ~ v~ ~/ DATA CONTIN UE~$~~ -/~ . 8 I/2 X 14 - ~XHiB[T =B= - 440~26,32]PF~ EXHIBT 2 OZ-Nev-85 1~49 / 100.05-1 178 ./ I 1) SLOPE MAINTENANCE EASEMENT (OFFSITE) 2) DRAINAGE EASEMENT (OFFSITE) 3) DRAINAGE ACCESS EASEMENT (OFFSITE) 4) DRAINAGE ACCESS AND MAINTENANCE EASEMENT 5) DRAINAGE ACCESS AND MAINTENANCE EASEMENT 6) DRAINAGE ACCESS AND MAINTENANCE EASEMENT 7) DRAINAGE ACCESS AND MAINTENANCE EASEMENT 8) DRAINAGE ACCESS AND MAINTENANCE EASEMENT 9) DRAINAGE ACCESS AND MAINTENANCE EASEMENT 10) DRAINAGE ACCESS AND MAINTENANCE EASEMENT DR&WN BY T I T L E __ "=_ _._"= _~ · o,,~ -- EASTLAKE I RESIDENTIAL --~ =~=~-- (EASEMENTS) FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknow- ledged, the undersigned do/does hereby grant to the City of Chula Vista, in the County of gan Diego, State of California, an easement and right- of-way for, and the right to construct, maintain, operate, replace, re- move, or enlarge a drain sewer and appurtenant structures in, upon, over and across that certain real property situated in the City of Chula Vista, County of San Diego, State of California, and more particularly ~escribed as follows: PER EXHIBIT "A" ATTACHED HERETO AND AS SHOWN ON EXHIBIT "B" ATTACHED HERETO. together with the right to enter upon and to pass and repass over and along said easement and right-of-way and to deposit tools, implements and other materials thereon by said City of Chula Vista, its officers, agents and employees and by any contractor, his agents and employees engaged by said City, whenever and wherever necessary for the purposes above set forth: WITNESS /~f hand this ~ day of STATE OF CALiFORNiA> Y COUNTY OF SAN Diego) ss n t~is ~day of_~~)~ 19 ~, before me ~' ~?_. , a Notary publi~n and for ~ d County~'~f_ San Diego, State of California, ~esidi~ ~h~ .in, dl missi~ned'~l~sworn,, personally appeared ~ personally knoi~ o me to be the lose name ~- to the within and __:t. uly acknowledged to ~ he 2>{ excuted the same. IN WITNE ,I have he: set my hand a~ xed my official my office in the County Diego day and year in this ificate first above written. EASTLAKE DEVELOPMENT COMPANY, A CALIFORNIA GENERAL PARTNERSHIP, AS OWNER BY: D~VID IV, ~IC., A CALIFORNIA CORPORATION BY: I~ ComJu. ~ Feb. 7,1~9 ROBERt S;~NTOS BY: D~N~IEL~V,~INCi., A CALIFORNIA CORPORATI BY: ROBERT 5~ANTOS . 'y Publii in and for th~County ~' ~ '-~ ~ San Diego, State of Callfo~a pWzE-21 CAT. NO. NN00636 TO 1954 CA (9--84) (Corporation as a Parmcr of a Partnership) STATE OF CALI~ORNiAi,,. } -- COUNTY OF . ~ I ~(~rO On ~L~ (o ~ I.~i ~'- before me, the undersigned, a Notary Public in and for y 'm-me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the Vtc-- I~ President, and -' personally known to me or proved to me on the basis of satisfactory evidence ~ be the person who executed the within instrument as the .L)~,~/~ Iq, ~NI¢., ~ k.~,,l~_ ~d~ l~¢ Secretary of the corp.o~ion ~bat executed tht; within instrument ~-O~-.,~/VtO~.] the partnership that executed the w~th!n instrun'lent, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same_ WITNfi~ hand and offici~seal) Sig ' VAN DELL AND ASSOCIATES, INC. 388.0102 12-04-85 JW/4-65 PAGE ] OF ] LEGAL DESCRIPTION BEING THAT PORTION OF FRACTIONAL SECTION 28,. TOWNSHIP 17 SOUTH, RANGE I WEST, SAN BERNAEDINO MERIDIAN, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOW~: BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID FRACTIONAL SECTION 28; THENCE WESTERLY ALONG THE SOUTHERLY LINE OF SAID FRACTIONAL SECTION 28 NORTH 89° 27' 22" WEST 966.99 FEET; THENCE NORTH 0° 32' 38" EAST 250.3] FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 77° 20' 28" WEST 145.63 FEET; THENCE NORTH 12° 39' 32" EAST ]80.00 FEET TO A POINT ON A TANGENT 45.00 FOOT RADIDS CURVE CONCAVE WESTERLY; THENCE NORTHERLY 36.00 FEET THROUGH A CENTRAL ANGLE OF 45° 50' ]2"; THENCE TANGENT TO SAID CURVE NORTH 33° 10' 40" WEST 77.50 FEET; THENCE NORTH 56° 49' 20" HAST 10.00 FEET; THENCE SOUTH 33° 10' 40" EAST 48.50 FEET; THENCE NORTH 84° 57' 58" EAST 103.23 FEET; THENCE SOUTH 8° 57' 06" EAST 10.02 FEET; THENCE SOUTH 84° 57' 58" WEST 98.57 FEET; THENCE SOUTH 33° 10' 40" EAST 17.66 FEET TO A POINT ON A TANGENT 55.00 FOOT RADIUS CURVE CO~CAVE WESTERLY; THENCE SOUTHERLY 44.00 FEET THROUGH A CENTRAL ANGLE OF 45° 50' 12"; THENCE TANGENT TO SAID CURVE SOUTH 12° 39' 32" WEST 120.00 FEET; THENCE SOUTH 72° 20' 28" EAST 135.63 FEET; THENCE SOUTH 12° 39' 32" WEST 60.00 FEET TO THE TRUE POINT OF BEGINNING. ~:. ,,. , "'?' T. P, O. 5. ~, --r- RO. [5. ~::, C:, "~..'.:-> ~ ~${;.99~. ~ 7 I~AN O~LL ANO A880CIAI'ESo [NC, ~"° '""' £XHIB~T "B" "'" ""°' I 1) SLOPE MAINTENANCE EASEMENT (OFFSITE) O ! ! 2) DRAINAGE EASEMENT (OFFSITE) 3) DRAINAGE ACCESS EASEMENT (OFFSITE) I I 4) DRAINAGE ACCESS AND MAINTENANCE EASEMENT I I 5) DRAINAGE ACCESS AND MAINTENANCE EASEMENT 6) DRAINAGE ACCESS AND MAINTENANCE EASEMENT 7) DRAINAGE ACCESS AND MAINTENANCE EASEMENT 8) DRAINAGE ACCESS AND MAINTENANCE EASEMENT 9) DRAINAGE ACCESS AND MAINTENANCE EASEMENT 10) DRAINAGE ACCESS AND MAINTENANCE EASEMENT DRAWN BY T I T L E ------EASTLAKE I RESIDENTIAL __~=,e -. _ (EASEMENTS) -- !85 WHEN RECORDED, PLEASE MAIL THIS INSTRUMENT TO: CITY CLERK, CITY OF CHULA VISTA, P.O. BOX 1087 CHULA VISTA, CA 92012 NO TRANSFER TAX DUE ASSESSOR PARCEL NO. SPACE ABOVE FOR RECORDER'S USE ONLY EASEMENT FOR STREET PURPOSES EDUCATIONAL CONTRACTORS OF AMERICA, INC. does hereby grant, convey and dedicate to the CITY OF CHULA VISTA, State of California, the right of way and incidents thereto for public street upon, over and across that certain real property in the City of Chula Vista, County of San Diego, State of California, described as follows: Per Exhibit A attached hereto and as shown on Exhibit B attached hereto. 186 : The Grantor hereby further grants to the City of Chula Vista the privilege and right to extend drainage structures and excavation and embankment slopes beyond the limits of the herein described right-of-way where required for the construction and maintenance of said public street RESERVING unto Grantor of the above described parcel of land, his successors or assigns, the right to eliminate such slopes and/or drainage structures or portions thereof, when in the written opinion of the City Engineer of Grantee, the necessity therefor is removed by substituting other protection, support and/or drainage facility, provided such substitution is first approved in writing by said City Engineer. The Grantor hereby further grants to Grantee all trees, growths (growing or that may hereafter grow), and road building materials within said right-of-way, including the right to take water, together with the right to use the same in such manner and at such locations as said Grantee may deem proper, needful or necessary, in the construction, reconstruction, improvement or maintenance of said public street. The Grantor, for himself, his successors and assigns, hereby waives any claim for any and all damages to Grantor's remaining property contiguous to the right-of-way hereby conveyed by reason of the location, construction, landscaping or maintenance of said public street. Dated this //~ day of ~x~?~ , 19 ;~-- EDUCATIONAL CONTRACTORS/OF ' k KeIton,~ce President STATE OF CALIFORNIA) SS. COUNTY OF ) On before me, the undersigned, a Notary Public in and for State, personally appeared whose name subscribed to the within instrument and acknowledged that executed the same. WITNESS my hand and official seal. (Name typed or printed) VAN DELL AND ASSOCIATES, INC. 388.0102-10 12-04-85 3W/4-38 Page 1 of 2 EXHIBIT "A" LEGAL DESCRIPTION BEING THAT PORTION OF FRACTIONAL SECTION 33. TOWNSHIP 17 SOOTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE UNITED STATES GOVERNMENT SURVEY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF FRACTIONAL SECTION 33; 1) THENCE EASTERLY ALONG THE SOUTHERLY LINE OF THE NORTHWEST QUARTER OF SAID SECTION 33, S 89° 21' 14" E 357.15 FEET TO THE TRUE POINT OF BEGINNING; 2) THENCE EASTERLY ALONG SAID SOUTHERLY LINE S 89° 21' 14" E 124.19 FEET TO A POINT ON A NON-TANGENT 1555.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, THE RADIAL TO SAID POINT BEARS S 62* 46' 55" E; 3) THENCE SOUTHWESTERLY 433.55 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 15° 58' 28" TO THE BEGINNING OF A TANGENT 20.00 FOOT RADIUS REVERSE CURVE, CONCAVE EASTERLY, THE RADIAL TO SAID POINT BEARS N 46° 48' 27" W; 4) THENCE SOUTHWESTERLY SOUTHERLY AND SOU%HEASTERLY 30.73 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 88° 01' 22"; 5) THENCE SOUTHEASTERLY S 44° 49' 49" E 133.28 FEET TO A POINT ON A TANGENT 708.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; 6) THENCE SOUTHEASTERLY 177.42 FEET ALONG SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 147 21' 2~"; 7) THENCE SOUTHEASTERLY S 59~ 11' 17" E 539.15 FEET TO A POINT ON THE WESTERLY BOUNDARY OF THE SOUTHWESTERN COLLEGE ESTATES UNIT NUMBER 8,MAP NUMBER 7741 OF OFFICIAL RECORDS OF SAID COUNTY; 8) THENCE SOUTHERLY ALONG SAID WESTERLY LINE S 10° 44' 18" W 2.13 FEET TO A POINT BEING THE SOUTHWESTERLY CORNER OF LOT 610 OF SAID MAP; 9) THENCE SOUTHWESTERLY ALONG SAID WESTERLY LINE S 30° 48' 43" W 40.00 FEET TO A POINT BEING THE MOST NORTHERLY BOUNDARY POINT PER SOUTHWESTERN COLLEGE ESTATES UNIT NUMBER 5, MAp NUMBER 6818 OF OFFICIAL RECORDS OF SAID COUNTY; 10) THENCE SOUTHWESTERLY ALONG THE WESTERLY LINE OF SAID MAP S 30° 48' 43" W 40.00 FEET TO A POINT BEING THE NORTHWESTERLY CORNER OF LOT 442 OF SAID MAP; 11) THENCE SOUTHWESTERLY ALONG SAID WESTERLY LINE S 55° 0' 59" W 2.19 FEET; 12) THENCE LEAVING SAID WESTERLY LINE PARALLEL TO AND 84.00 FEET SOUTHWEST OF SAID COURSE NO. 7 HEREIN N 59° 11' 17" W 538.98 FEET TO THE BEGINNING OF A TANGENT 792.00 FOOT RADIUS CURVE, SAID CURVE IS CONCENTRIC TO AND 84.00 FEET SOUTHWEST OF SAID COURSE NO. 6 HEREIN CONCAVE NORTHEASTERLY; 13) THENCE NORTHWESTERLY 198.47 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE 14° 21' 28"; 14) THENCE NORTHWESTERLY N 44° 49' 49" W 133.89 FEET TO THE BEGINNING OF A TANGENT 20.00 FOOT RADIUS VAN DELL AND AssOCIATES. INC. 388.0102-10 12-04-85 JW/4-38 PAGE 2 OF 2 CURVE, CONCAVE SOUTHERLY; 15) THENCE NORTHWESTERLY, WESTERLY AND SOUTHWESTERLY 30.53 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 87° 27' 55" TO THE BEGINNING OF A TANGENT 1550.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, THE RADIAL TO SAID POINT BEARS S 42° 17' 44" E; 16) THENCE SOUTHWESTERLY 1.71 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 0° 03' 44" TO A POINT ON THE EASTERLY LINE OF THE RANCHO DE LA NACION, MAP NUMBER 166 AND MAP NUMBER 815 OF OFFICIAL RECORD OF SAID COUNTY; 17) THENCE NORTHERLY ALONG SAID EASTERLY LINE N ]7° 52' 14" W 304.66 FEET TO A POINT ON A NON-TANGENT 758.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, THE RADIAL TO SAID POINT BEARS S 62° 12' 58" W; 18) THENCE LEAVING SAID EASTERLY LINE, SOUTHEASTERLY 142.9] FEET THROUGH A CENTRAL ANGLE OF 10° 48' 08" TO THE BEGINNING OF A TANGENT 20.00 FOOT RADIUS COMPOUND CURVE, CONCAVE NORTHERLY, THE RADIAL TO SAID POINT BEARS S 5]° 24' 50" W; 19) THENCE SOUTHEASTERLY, EASTERLY AND NORTHEASTERLY 34.42 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 98° 36' 2~" TO THE BEGINNING OF A TANGENT 1455.00 RADIUS COMPOUND CURVE, SAID CURVE IS CONCENTRIC TO AND 110.00 FEET NORTHWEST OF SAID COURSE NO. 3 HEREIN CONCAVE NORTHWESTERLY, THE RADIAL TO SAID POINT BEARS S 47° 11' 31" E; 20) THENCE NORTHEASTERLY 337.62 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE 13° 23' 13" TO THE TRUE POINT OF BEGINNING. T.R O.B. / "-"- ' R= ZO.O0, -, 3 ¢ .;,72. ~R.C. R= ~555.00' ~ .... T. 0.85' DETAIL" 6" V~ DELL ~D A~OCIATES, INO, -"' ""~ EXHIBIT 7) D~INAGE ACCESS AND ~INTENANCE EASEMENT 8) D~INAGE ACCESS AND ~INTENANCE EASEMENT o.,.~ EASTLAKE I RESIDENTIAL --~ :'~:~-- (EASEMENTS)